Determination of application for planning permission

February 8th, 2023 by James Goudie KC

In R  (Whitley Parish Council) v North Yorkshire County Council (2023) EWCA Civ 92 the Court of Appeal restates some basic propositions bearing on the determination of an application for planning permission under the statutory scheme.

  1. Albeit priority must be given to the Development Plan, that priority may be outweighed  by national planning policy, which may make some provisions of the Plan outdated.
  2. The function of the Planning Officer is not to decide the fate of the proposal, but to provide advice.
  3. The Court’s supervisory jurisdiction is to establish whether the authority’s decision-making has been vitiated by any error of law.

The Court also restated basic principles that govern the taking of a decision by a Pling Committee.

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